Federal protection of the environment must hew to the same constitutional strictures as any other federal actions. In the past decade, however, the Supreme Court has invigorated several of these strictures in ways that present new challenges to congressional drafters of environmental statutes. This report reviews six of these newly emergent constitutional areas, with special attention to their significance for current and future environmental legislation.

"Soft money" has become one of the major issues in the area of campaign financing in federal elections. The controversy surrounding this issue is due to the perception that soft money may be the largest loophole in the Federal Election Campaign Act (FECA). Soft money is broadly defined as funds that are raised and spent according to applicable state laws; that would be impermissible, under the FECA, to spend directly in federal elections and that may have an indirect influence on federal elections. This Issue Brief discusses three major types of soft money: political party soft money, corporate and labor union soft money, and soft money used for issue advocacy communications.

As in the 105th Congress, many of the 106th Congress bills focus on political party soft money--subjecting contributions, expenditures, or transfers of national political parties to the limitations, prohibitions and reporting requirements of the FECA. Other bills would restrict corporate and labor union soft money. Another major reform proposal would subject certain types of advocacy communications to FECA regulation, either fully or just insofar as disclosure requirements.

Soft money is a major issue in the campaign finance reform debate because these generally unregulated funds are perceived as resulting from a loophole in the Federal Election Campaign Act (FECA). Generally, soft money is funds that are raised and spent according to applicable state laws, which FECA prohibits from being spent directly on federal elections, but that may have an indirect influence on federal elections. This Issue Brief discusses three major types of soft money: political party soft money, corporate and labor union soft money, and soft money used for issue advocacy communications.

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